Morris & Co. v. Barker
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this ease was filed on the 29th July, 1884, by the partners composing the firm oí Josiah Morris & Co., against J. N. Barker and his wife, and Thornton Taliaferro as trustee for Mrs. Barker; and sought to cancel and remove, as a cloud on the complainants’ title to certain lands in Lee’ county, of which they were in possession, a conveyance to said Taliaferro as trustee for Mrs.…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this ease was filed on the 29th July, 1884, by the partners composing the firm oí Josiah Morris & Co., against J. N. Barker and his wife, and Thornton Taliaferro as trustee for Mrs. Barker; and sought to cancel and remove, as a cloud on the complainants’ title to certain lands in Lee’ county, of which they were in possession, a conveyance to said Taliaferro as trustee for Mrs. Barker. According to the allegations of the bill, the lands had belonged to one W. C. Ross, and were conveyed by him, by…
1Opinion of the CourtSomerville, J.
— One well-settled proposition of law compels the affirmance of the chancellor’s decree. That proposition is, that the interest of a mortgagee, although a legal title, is not subject to attachment, or sale under execution, at least before an entry for condition broken, with a view to foreclosure, even if it can then be done, — as to which we intimate no opinion. “This doctrine,” says Mr. Drake in his treatise on Attachments, “has been so frequently discussed and re-affirmed, that it mny be considered fully established.” — Drake on Attach. (6th ed.j, § 235. It is said in Jones on Mortgages,…
2Cases cited9 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Blanchard v. ColburnMassachusetts Supreme Judicial Court · 1820
- Huntington v. SmithSupreme Court of Connecticut · 1822
- Downing v. BlairSupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Evins v. Gainesville National BankSupreme Court of Florida · 1920
- Galeano v. GaleanoCourt of Special Appeals of Maryland · 1974
- White v. GibsonSupreme Court of Alabama · 1930
- Buck Creek Industries, Inc. v. Alcon Construction, Inc.District Court, N.D. Alabama · 1977